LEGISLATION

United States Senate Majority Leader Mitch McConnell (R-KY) today announced that he has secured provisions in the 2018 Farm Bill to further expand and facilitate state-regulated hemp production.

In a press release, McConnell acknowledged that provisions in S. 2667: The Hemp Farming Act of 2018 have now been incorporated into the Senate’s version of The Farm Bill (aka The Agriculture Improvement Act of 2018) — must-pass legislation that is approved by Congress every five years. Members of the Senate Agriculture Committee will consider the legislation on Wednesday, June 13.

Senate Bill 2667 expands upon provisions (Section 7606) in the 2014 version of the Farm Bill that permit states to establish hemp research and cultivation programs absent federal approval. A majority of states have now enacted legislation to permit such programs.

In 2017, state-licensed producers grew over 39,000 acres of hemp, according to data compiled by the National Conference of State Legislatures.

“Securing the Hemp Farming Act as part of the 2018 Farm Bill has been a top priority of mine,” said Senator McConnell. “I look forward to continuing to work with my Senate colleagues on this and many other issues important to Kentucky agriculture as we move towards consideration of the Farm Bill.

He added: “As a result of the hemp pilot program, which I secured in the 2014 Farm Bill, Kentucky’s farmers, processors, and manufacturers have begun to show the potential for this versatile crop. Today’s announcement will build upon that progress to help the Commonwealth enhance its standing at the forefront of hemp’s return to American agriculture. I look forward to continuing to work with my Senate colleagues and my partners in Kentucky … to grow hemp’s bright future.”

Senate Bill 2667 provides states and/or Indian tribes with “primary regulatory authority over the production of hemp.”

There were some key developments this week at the federal level, including a new bill introduced by Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO), The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales. A bipartisan House companion bill was introduced by Representatives David Joyce (R-OH) and Earl Blumenauer (D-OR). Senate Majority Leader Mitch McConnell has reportedly pledged to permit a vote on the bill, while President Trump has publicly expressed his support for it.

Also in Congress, the US House Rules Committee, led by prohibitionist Representative Pete Sessions (R-TX), blocked multiple amendments related to marijuana from receiving consideration by the full House, thus ending their consideration and silencing the ability for the lower chamber to offer either legal protections or expanded access to veterans who use cannabis for therapeutic purposes.

By contrast, members of the U.S. Senate Appropriations Committee approved a similar amendment to allow military veterans to get medical cannabis recommendations from Department of Veterans Affairs doctors and to protect them from being denied VA services because of their participation in state medical marijuana programs.

In a press release issued by Senator Mitch McConnell’s office, he announced that he had secured the language of S. 2667 in the Senate version of the 2018 Farm Bill. The Senate Agriculture Committee will officially consider the legislation on Wednesday, June 13.

At the state level, Colorado Governor John Hickenlooper (D) vetoed legislation to allow marijuana “tasting rooms,” as well as legislation to permit autism as a qualifying condition, but signed a bill into law to allow school personnel to administer medical cannabis to patients at schools. Louisiana Governor John Bel Edwards signed legislation into law permitting physicians to authorize cannabis therapy to those suffering from chronic pain, post traumatic stress disorder, severe muscle spasms, autism or glaucoma. And Missouri Governor Eric Greitens signed a bill modifying provisions relating to industrial hemp.

New Jersey Senator Nicholas Scutari introduced a new bill that would bring adult use marijuana to the state while also expanding the medical marijuana program. And Michigan Republican lawmakers failed to get enough legislative support to amend and enact marijuana legalization by Tuesday’s deadline, meaning that the measure will appear on the November ballot.

At a more local level, the Bethlehem, Pennsylvania City Council voted unanimously to approve a marijuana decriminalization ordinance, Minneapolis, Minnesota is ending low-level marijuana stings after it was revealed that nearly all people targeted by such actions are black, Savannah, Georgia police are preparing to implement a marijuana decriminalization ordinance starting on July 1, and Fulton County, Georgia commissioners voted to decriminalize marijuana in unincorporated areas.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

Lawmakers in Delaware are once again considering House Bill 110 to legalize and regulate adult marijuana use.

The legislation in 2017 was voted out of Committee, but then stalled as lawmakers elected to approve a resolution establishing a marijuana legalization task force. This group, which includes representatives from Delaware NORML, is anticipated to make recommendations to the legislature early this year.

Update: It is anticipated that House Bill 110 will get a vote in the House in the next couple weeks, as well as in the Senate before the end of the legislative session in late June.

SB 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

Update: The House Committee on Judiciary & Government Operations held a hearing on marijuana legalization on 6/5.

Assembly Bill 1793 seeks “to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

Update: AB 1793 was approved by the full Assembly on 5/31, and now awaits action in the Senate Rules Committee.

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions

Update: SB 829 was approved by the Rules Committee unanimously, and now awaits action from the Committee on Business and Professions.

[June 8, 2018 UPDATE: In the past 24 hours, Senate Majority Leader Mitch McConnell has reportedly pledged to permit a vote on the bill, while President Trump has publicly expressed his support for it.]

Today, Senators Elizabeth Warren (D-MA) and Cory Gardner (R-CO) introduced bipartisan legislation, TheStrengthening the Tenth Amendment Through Entrusting States (STATES) Act of 2018, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales. A bipartisan House companion bill has been introduced by Representatives David Joyce (R-OH) and Earl Blumenauer (D-OR).

This marks the first bicameral, bipartisan legislation to end the federal enforcement of prohibition in states that have reformed their marijuana laws.

“President Trump made a commitment to Senator Gardner that he was willing to support a federalist approach to state marijuana laws. Now Congress must do its part and swiftly move forward on this bipartisan legislation that explicitly provides states with the authority and autonomy to set their own marijuana policies absent the fear of federal incursion from a Justice Department led by militant cannabis prohibitionist Attorney General Jeff Sessions.”

Specifically, this legislation:

Creates an exemption to the Controlled Substances Act for US states and territories that have reformed their laws with regard to marijuana policy, effectively restraining undue federal intervention

Maintains federal legislative provisions (aka “guardrails”) to deter:

The interstate trafficking of marijuana into prohibition states from legal states

The prevention of those under 18 from working in the cannabis industry

The prevention of those under 21 from purchasing marijuana (unless recommended by a state-qualified physician to treat a medical condition)

Unsafe production conditions

Provides greater flexibility for lawmakers in non-legal states to reform their laws in a manner that reflects the will of the of their constituents and regulates cannabis commerce

“With the announcement of The STATES Act by Senators Gardner and Warren, the movement to end the federal government’s failed policy of cannabis criminalization has truly become a bipartisan effort.”

“The majority of states now regulate marijuana use and more than six out of ten voters endorse legalizing the plant’s use by adults, making it time for the federal government to no longer stand in the way of this progress at the state level.”

Never in modern history has there existed greater public support for ending the nation’s nearly century-long experiment with marijuana prohibition. The continued criminalization of adult marijuana use is out-of-step with the views of adults throughout America, 93% of whom support medical marijuana (Quinnipiac, 2017) and 64 percent of whom endorse the outright legalization of recreational cannabis (Gallup, 2017).

“Outdated federal marijuana laws have perpetuated our broken criminal justice system, created barriers to research, and hindered economic development,” said Senator Warren. “States like Massachusetts have put a lot of work into implementing common sense marijuana regulations – and they have the right to enforce their own marijuana policies. The federal government needs to get out of the business of outlawing marijuana.”

“In 2012, Coloradans legalized marijuana at the ballot box and the state created an apparatus to regulate the legal marijuana industry. But because of the one-size-fits-all federal prohibition, state decisions like this put Colorado and other states at odds with the federal government,” said Senator Gardner. “The federal government is closing its eyes and plugging its ears while 46 states have acted. The bipartisan STATES Act fixes this problem once and for all by taking a states’ rights approach to the legal marijuana question. The bipartisan, commonsense bill ensures the federal government will respect the will of the voters – whether that is legalization or prohibition – and not interfere in any states’ legal marijuana industry.”

“We should trust the people of the states, like Ohio, who have voted to implement responsible common-sense regulations and requirements for the use, production, and sale of cannabis,” said Representative Joyce. “If the people of these states have decided to provide help for those veterans and others suffering from pain and other health issues, we should allow them access without government interference.”

“For too long the senseless prohibition of marijuana has devastated communities, disproportionately impacting poor Americans and communities of color. Not to mention, it’s also wasted resources and stifled critical medical research,” said Representative Blumenauer. “It’s past time to put the power back in the hands of the people. Congress must right this wrong.”

Thirty states, Washington, DC and the US territories of Guam and Puerto Rico have enacted legislation specific to the physician-authorized use of cannabis, while an estimated 63 million Americans now reside in jurisdictions where anyone over the age of 21 may possess cannabis legally. Voters overwhelmingly support these policy changes. According to a 2018 Quinnipiac University poll, 63 percent of Americans support full marijuana legalization and 70 percent believe that states, not the federal government, should set marijuana policy.

NORML has released a letter with over 55 supportive organizations for The STATES Act.

To date, these statewide regulatory programs are operating largely as voters and politicians intended. The enactment of these policies have not negatively impacted workplace safety, crime rates, traffic safety, or youth use patterns. They have stimulated economic development and created hundreds of millions of dollars in new tax revenue. Specifically, a 2017 report estimates that over 149,000 Americans are now working full-time in the cannabis industry. Tax revenues from states like Colorado, Oregon, and Washington now exceed initial projections. Further, numerous studies have identified an association between cannabis access and lower rates of opioid use, abuse, hospitalizations, and mortality.

At the federal level, the U.S. House Rules Committee, and potentially the full House of Representatives, will consider four marijuana amendments next week, covering issues ranging from veterans’ access to medical cannabis to water rights for hemp growers.

This week, it was big victory for patients as a Florida Circuit Court judge ruled that a legislatively enacted ban on the smoking of medical cannabis in private by qualified patients is unconstitutional.

Additionally at the state level, state regulators in Utah certified a voter-initiated medical cannabis access measure for the 2018 ballot. Officials announced that proponents gathered nearly 154,000 validated initiative signatures from registered voters — far exceeding the total necessary to place the measure before a statewide vote.

California NORML teamed up with Americans For Safe Access to host a Citizens Lobby Day in Sacramento on June 4, and Gov. Chris Sununu (R) of New Hampshire signed a bill allowing additional medical cannabis dispensary locations.

At a more local level, Allentown, Pennsylvania’s mayor signed a marijuana decriminalization ordinance into law, but the police say they will continue enforcing state criminalization.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

Senate Bill 20-62 seeks to legalize, tax, and regulate cannabis in the US territory of the Commonwealth of the Northern Mariana Islands.

If passed, the bill would legalize the personal use and cultivation of small amounts of marijuana for adults age 21 or older, and establish a licensing scheme for its commercial production and retail sale. The tax revenue would be used to fund the implementation of the program and other government services.

Update: SB 20-62 was approved unanimously by the House Committee on Judiciary and Governmental Operations (JGO). The next step will be a full House vote.

House Bill 994 would amend state law so that possession of up to 4 ounces of marijuana carries no penalty, rather than a felony conviction. Under current state law, the possession of more than 1.5 ounces of marijuana is classified as a felony punishable by no more than 8 months in prison and a maximum fine of $1,000.

Update: Senate companion bill SB 791 was introduced on 5/31 and awaits action in the Committee on Rules and Regulations.

Hemp
Senate Bill 2298 provides for the ability for individuals to cultivate hemp with a state license even if they are not part of the state’s Agriculture Department pilot program. That program only permits hemp cultivation as part of a state-sponsored research program. The bill was approved by the House last week, with amendments.

Update: The Senate concurred on 5/30 and SB 2298 now awaits action from Governor Bruce Rauner.

Assembly Bill 1793 would “allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

Update: The Assembly Appropriations Committee amended AB 1793 and voted to pass it on 5/25. AB 1793 is expected to be heard by the full floor before the 6/1 deadline.

Assembly Bill 2069 would explicitly bar employers from discriminating against workers solely because of their status as a medical cannabis patient, or due to testing positive for medical marijuana use on a workplace drug test.

Update: AB 2069 was held under submission in committee, effectively killing it for this year.

State and local taxes currently imposed upon retail cannabis sales can total in upwards of 40 percent. This excessive taxation places an undue financial burden, particularly on patients, many of whom are now unable to consistently afford their medicine.

Update: AB 3157 was heard by the Assembly Appropriations committee on 5/25 and is now dead for this year after the committee decided to hold the bill under submission.

That’s all for this week, check back next Friday for more legislative updates!

At the state level, NORML PAC announced the endorsement of Jared Polis for Governor of Colorado. The Arizona Supreme Court ruled that a state law banning medical cannabis on college campuses violates the state Constitution. And Nevada retailers sold more than $41 million worth of recreational marijuana in March, a new monthly record.

At a more local level, New York City Mayor Bill de Blasio (D) is directing the NYPD to stop arresting people smoking marijuana in public, and is moving to draft a plan to prepare the city for eventual legalization. The Los Angeles County, California Board of Supervisors adopted a resolution supporting state legislation to expunge marijuana convictions, the Bethlehem, Pennsylvania City Council’s Public Safety Committee gave unanimous initial approval to a proposed marijuana decriminalization ordinance, and The Milwaukee County, Wisconsin County Board voted to place an advisory marijuana legalization question on the November ballot.

Following are the bills from around the country that we’ve tracked this week and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

End Prohibition: Representatives Tom Garrett (R-VA) and Tulsi Gabbard (D-HI) have introduced bipartisan legislation, HR 1227, to exclude marijuana from the Controlled Substances Act, thus leaving states the authority to regulate the plant how best they see fit.

The “Ending Federal Marijuana Prohibition Act of 2017” eliminates federal criminal penalties for possessing and growing the plant. This legislation gives states the power and flexibility to establish their own marijuana policies free from federal interference.

HF 927 and SF 1320 are pending to regulate adult use marijuana possession and provide for retail sales. HF 927 has been awaiting action from the House Health and Human Services Committee since February and so has SF 1320 in the Senate Judiciary Committee.

Update: A third measure, HF 4541, was introduced on 5/20 to also regulate adult use marijuana possession and provide for retail sales.

House Bill 928, which was carried over from last year, seeks to reduce minor marijuana possession penalties. The bill amends state law so that first and second marijuana possession offenses (up to 30 grams) are reduced from misdemeanor offenses to a summary offense, punishable by a fine only.

Update: Representative Ron Marsico has offered a June vote before the House Judiciary Committee, with hopes of a full House, and then Senate vote by the end of the summer.

Expungement
AB 1793 would “allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence.

Update: The Assembly’s Appropriations Committee is holding a hearing on AB 1793 on 5/25 at 9am.

Employment Protections
AB 2069 would explicitly bar employers from discriminating against workers solely because of their status as a medical cannabis patient, or due to testing positive for medical marijuana use on a workplace drug test.

Update: AB 2069 is scheduled for a vote in Assembly Appropriations Committee on Friday, May 25. The bill must pass the full Assembly floor by June 1.

Record Sealing
A. 2142 and S. 3809 would seal the records of those who have previously been convicted of certain marijuana misdemeanors.

New York has historically had one of the highest marijuana arrest rates in the nation largely because of arrests made under the public view and public smoking exceptions to New York’s decriminalization of possession of small amounts of marijuana.

Medical
S 8191 has been introduced in the State Senate to explicitly permit children and developmentally disabled individuals with serious conditions for which medical marijuana has been recommended to have their medicine administered at schools and other facilities, and require school districts and facilities to create policies for medical marijuana administration.

Opioids
A. 9016 and S. 7564 would permit physicians to recommend cannabis therapy to those struggling with opioid abuse or dependence. Both bills have been stagnant in their respective chambers since January.

Update: A third measure, S. 8820, was introduced on 5/22, to include opioid use as a condition that permits the use of medical cannabis.

A3971 was recently introduced and would establish reciprocity with other states’ medical marijuana program.The measure would allow for out-of-state medical marijuana cardholders to access medical cannabis while visiting New Jersey, in accordance with state law.

Senate Bill 2298 provides for the ability for individuals to cultivate hemp with a state license even if they are not part of the state’s Agriculture Department pilot program. That program only permits hemp cultivation as part of a state-sponsored research program. The bill was already approved by the full Senate last month.

Update: SB 2298 was approved by the House on 5/23. It will now go back to the Senate for concurrence.

Legislation to legalize the medicinal use of marijuana for dogs, cats and other pets in New York State is pending in the Senate (S. 8772) and Assembly (A. 10104) Health Committees. The bill would allow veterinarians to recommend medical marijuana for our pets. Most non-human animals have an endocannabinoid system like we do, which means they can also benefit from the therapeutic effects of marijuana.